michael j sgarlat - FEDagent - News for federal agents and 1811’s

Fifth Circuit: Exigent Circumstances Exception Applies to Vehicles

case law update

Last week, the U.S. Court of Appeals for the Sixth Circuit held that a defendant’s consent to a search, obtained after invoking her right to remain silent, is not testimonial evidence that can be suppressed as a Miranda violation.

Fifth Circuit: Search Based on Dog Sniff of a Garage “Close Enough” for the Good Faith

case law update

Last week, the Fifth Circuit determined that the good faith exception applied to prevent the suppression of evidence obtained after officers used a canine to sniff the perimeter of a garage. The court found unpublished and inconclusive case law sufficient to demonstrate that a dog sniff of a garage is “close enough to the line of validity.”

Franks Challenge Denied Despite Reckless Omission of Evidence

case law update

The U.S. Court of Appeals for the Fourth Circuit recently found that the reckless omission of facts regarding an individual’s confinement to certain living areas of a residence did not prevent a finding of probable cause that the individual conducted criminal activity in other areas of the home. 

Officers Granted Qualified Immunity for Warrantless Entry to Recover Property

case law update

Applying the “consent-once-removed” doctrine for the first time since the Supreme Court’s 2009 decision in Pearson v. Callahan, the U.S. Court of Appeals for the Eleventh Circuit recently granted police officers qualified immunity after entering an individual’s residence to assist his former partner in obtaining property.

Seventh Circuit Extends the Supreme Court’s Opinion in Jardines to the Common Areas of Apartment Complexes

case law update

The Seventh Circuit recently held that the use of a “super-sensitive instrument” outside an apartment door violates a defendant’s Fourth Amendment rights. Justifying its holding, the court discussed that people of different ethnicities and race as well as of lower income are more likely to reside in apartment complexes and need to be afforded protection.

This Week on FEDtalk

Reporter Roundtable: Looking Forward And Reflecting Back

Even with a shutdown in place, there is much to discuss about the workings of the federal government as the new year begins. Tune in this Friday, January 11 for the first FEDTalk of 2019. A roundtable of guests will be providing the most up to date federal news while taking a look back on the successes, and failures, of 2018.

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Hear it from FLEOA

FLEOA Takes Steps to Protect Members During Shutdown

On Wednesday, the Federal Law Enforcement Officers Association sent a memo to its members detailing its response to the government shutdown.  The full text of the statement from FLEOA President Nate Catura is below:

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